Opinion
Case No. 3:11-CR-147 RM
08-23-2012
UNITED STATES OF AMERICA v. JOHN M. BALES II (1), WILLIAM E. SPENCER (2), and PAUL J. PAGE (3),
MEMORANDUM and ORDER
For the reasons state in open court at the hearing on August 23, 2012, the court:
(1) finds that the ends of justice outweigh the interest of the public and the defendants in a speedy trial under 18 U.S.C. § 3161(h)(7)(B)(iv), GRANTS defendant William Spencer's motion to continue trial [Doc. No. 109], VACATES the October 2, 2012 trial date, and RESETS this matter for a two-week jury trial commencing on Tuesday, January 22, 2013, beginning at 9:30 a.m. (Eastern Standard Time); and
(2) MODIFIES the order of April 24, 2012 [Doc. No. 76] regarding the admissibility of co-conspirator statements as follows:
(a) the Government shall file its proffer with the court by January 8, 2013, and shall include in the proffer the content of each statement it contends is admissible under FED. R. EVID. 801(d)(2)(E),
even if it also contends the statement is admissible under another Orule of evidence;
(b) the defendants shall file any objections they might have to admission of the identified out-of-court statements under Rule 801(d)(2)(E) by January 15, 2O13;
(c) oral argument on the defendants' objections is RESET for Friday, January 18, 2013, at 1:30 p.m. (Eastern Standard Time), and the October 1, 2012 hearing date is VACATED.
SO ORDERED.
Robert L. Miller, Jr.
Judge
United States District Court